Liberia Law Reform Commission: Validates National Railway Authority Bill

• Liberia's Law Reform Commission validated a proposed bill to establish an independent National Railway Authority.
• The Liberia National Railway Authority Bill aims to create a permanent legal framework for railway operations, replacing temporary executive orders.
• The legislation seeks to transform railway infrastructure into a national economic asset, promoting multi-user access beyond mining concessions.
• ArcelorMittal Liberia supports the multi-user concept for the Tokadeh-Buchanan railway, as outlined in its Mineral Development Agreement.
• The bill addresses critical aspects like railway safety, concession agreement protection, transparent access charges, and sustainable financing.

This new legislation, once approved, is designed to replace these temporary measures, providing a stable and predictable regulatory environment for all stakeholders.

The Liberia Law Reform Commission (LRC) recently concluded a crucial validation exercise for the proposed Liberia National Railway Authority Bill, marking a significant step towards overhauling the nation's railway sector. Held on Wednesday, November 4, at the Ministry of Mines and Energy in Monrovia, the session brought together a diverse group of stakeholders, including representatives from ArcelorMittal Liberia (AML), HPX, the Ministry of Transport, the National Oil Company of Liberia (NOCAL), and various civil society organizations. This legislative initiative aims to establish an independent National Railway Authority, tasked with regulating railway operations and fostering multi-user access across the country's rail network.

The core objective of the Liberia National Railway Authority Bill is to transform Liberia's railway infrastructure from assets primarily serving individual mining concessions into a strategic national economic resource. This proposed legislation seeks to create a permanent legal framework that will govern railway management, establish robust safety standards, ensure equitable infrastructure access, promote competition, and provide comprehensive regulatory oversight. The validation exercise underscored the government's commitment to developing a railway system that supports broader national development goals beyond the scope of specific industrial projects.

The push for a permanent statutory framework through the Liberia National Railway Authority Bill represents a critical shift from the previous reliance on executive directives. Efforts to establish a national railway authority initially commenced in October 2022 under former President George Manneh Weah with Executive Order No. 112. Subsequently, President Joseph Nyuma Boakai advanced this initiative through a series of executive orders, including No. 136 in 2024, No. 153 in 2025, and No. 169 in 2026. This new legislation, once approved, is designed to replace these temporary measures, providing a stable and predictable regulatory environment for all stakeholders.

Cllr. Bornor M. Varmah, Chairperson of the Law Reform Commission, highlighted that the proposed Liberia railway legislation is specifically designed to address long-standing issues such as fragmented railway management and restricted access to infrastructure historically developed for mining operations. He emphasized that the railway system must be perceived as a strategic national economic asset, capable of supporting diverse sectors and the country's wider development aspirations. Varmah stressed the necessity for the future authority to possess adequate legal powers, institutional independence, and financial resources to effectively regulate the sector, ensuring an institution that offers stability, predictability, and competence across different administrations. Key provisions within the bill include railway safety, the protection of existing concession agreements, transparent access charges, efficient dispute resolution mechanisms, and sustainable financing models.

The proposed Liberia National Railway Authority Bill has garnered support from key industry players, notably ArcelorMittal Liberia (AML), which has been operating and rehabilitating the Tokadeh-Buchanan railway for nearly two decades. AML's Chief Executive Officer, Michiel van der Merwe, recently reiterated the company's commitment to transforming the ArcelorMittal Liberia railway into a multi-user facility. He affirmed AML's support for the government's policy to allow other operators to access the railway, aligning with the vision of three successive presidential administrations.

Van der Merwe further clarified that the Third Amendment to AML's Mineral Development Agreement already includes provisions for other entities to utilize the railway, contingent upon government authorization and appropriate financing. This commitment from a major concession holder underscores the feasibility and collaborative spirit behind the Liberia multi-user railway access initiative. Transport Minister Sirleaf Ralph Tyler also underscored the broader economic benefits, stating that an effective railway system would significantly bolster agriculture, trade, employment, regional integration, and overall economic development, reinforcing the importance of robust Tokadeh-Buchanan railway regulation.

Lawyers advising clients in Liberia's mining, logistics, or infrastructure sectors must closely monitor the progression of this proposed bill. Its enactment will establish a permanent statutory framework replacing executive orders, significantly impacting existing concession agreements, multi-user access rights, safety standards, and overall regulatory compliance for railway operations in the country.

Source: Original reporting via FrontPageAfrica